The decision by Ionia County Circuit Judge Charles Miel, only a day after the trial got under way, abruptly ended a bid by a small-town prosecutor in central Michigan to convict the assisted suicide activist after three trials in the Detroit area in other assisted suicide cases had failed.

It was not immediately clear if Kevorkian would be retried on the charge, which carried a maximum sentence of five years in prison and a $10,000 fine.

Fieger said the mistrial ends any chances of Kevorkian being prosecuted on the charges since the issue of double-jeopardy would be raised. But Ionia County Prosecutor Ray Voet said he would have to "take some time" before deciding if he would seek to retry Kevorkian.

In requesting the mistrial, Voet said the jury may not be
able to render a fair verdict after defense attorney Geoffrey
Fieger, in his opening statement Wednesday, accused Voet of
running a "witch hunt" against Kevorkian.

Kevorkian faced four felony counts for his involvement in the
August 30 death of Loretta Peabody, including violating
unwritten Michigan "common law" banning assisted suicide and
practicing medicine without a license. Peabody, 54, suffered
from multiple sclerosis.

Voet objected to placards that Fieger showed to the
jury, to Fieger's assertion that there is no law against
assisted suicide and to his assertions that Voet and other
prosecutors were involved in a criminal conspiracy to harass
Kevorkian.

"This is the most outrageous slinging of mud I've ever
seen," Voet said. "It puts me in the position of having to be
a witness. It is simply not fair, your honor, and it went on
and on and on yesterday."

Fieger argued Thursday that there was nothing wrong with his
statement and noted he did not object when jurors had to pass
a gauntlet of demonstrators against Kevorkian.

"It's okay if we have people demonstrating, calling Kevorkian
a killer in front of the jury," Fieger said, "but it's not
okay for Mr. Fieger to come into court to tell the truth
and say that he intends to prove that you changed evidence,
that you engaged in a conspiracy that you've been harassing
the family and this is a joke trial for your own political
ends."

Peabody, an Ionia resident, was originally thought to have
died of natural causes and her body was cremated. But
prosecutors began
investigating her death after she showed up in a videotape
of a consultation with Kevorkian. In the tape she pleads for
him to help end her suffering.

Peabody's death certificate originally stated she died of natural causes but it was later changed, even though there was no autopsy or examination by the local coroner.

Kevorkian, who has admitted attending 45 deaths since 1990,
has been acquitted of assisted suicide charges in three
previous trials, once in 1994 and twice in 1996.